The Health
Protection (Coronavirus Restrictions) (Wales) Regulations 2020 (SI
353/2020 (W. 80))
27 March
2020
The Health Protection (Coronavirus Restrictions)
(Wales) Regulations 2020 (SI 353/2020 (W. 80)) apply only in
Wales. They impose very similar restrictions to those in England,
but with slight differences. As for the Regulations for England,
the Regulations in Wales need to be reviewed every 21 days (the
first review to be done by 15 April) and expire in 6 months’ time.
The
Regulations require the closure of business premises in which food
and drink are sold on the premises. However, selling food and drink
for consumption off the premises is allowed to continue subject to
certain restrictions. The Regulations prohibit the carrying on of a
business or the provision of a service which is listed in Schedule
1 (cinemas, theatres, hairdressers, betting shops, bingo halls,
nightclubs, museums, galleries etc). However, there are exceptions
such as certain business premises opening at the request of the
Welsh Ministers or a local authority, in order to provide urgent
public services. Also museums, galleries, libraries and businesses
can provide services via a website, by phone or by post.
There are
restrictions on hotels and other holiday accommodation, places of
worship, community centres etc that are similar to the provisions
in England. Hotels can only remain open to cater for permanent
residents or those unable to return home (e.g. overseas visitors or
key workers having to work away from home) or as a result of a
specific request by Welsh Ministers. Places of worship are to be
used only for funerals, to broadcast an act of worship or to
provide essential voluntary services or urgent public support services
(such as blood donation, food banks etc). However, there are also
specific provisions about the 2 metre social distancing
requirements for those business premises that are open, places of
worship, crematoriums and community centres.
The
Regulations impose restrictions on movement and gatherings which
are equivalent to those in England. No person may leave the place
they live without a reasonable excuse. Such reasonable excuses
include to obtain basic necessities and household supplies, food
and medical supplies, take exercise, donate blood, the need to
provide care or assistance to a vulnerable person or in an
emergency, to travel to work or provide voluntary services, where
children do not live with both of their parents the need for parents
to continue access arrangements, a house move, to access critical
public services, to attend a funeral, to avoid injury or harm and
other specific reasons listed in the Regulations.
No person may
take part in a gathering of more than two people in a public place
except in certain circumstances, including where they are members
of the same household, where it is essential for work reasons, to
facilitate a house move, to provide emergency assistance, to
provide care or assistance to a vulnerable person, to attend a
funeral, or to participate in legal proceedings (or fulfil a legal
obligation).
The
Regulations impose a requirement on local authorities, National
Park authorities, Natural Resources Wales and the National Trust to
close certain public paths and land accessible by the public. The
Welsh Ministers don’t need to review these provisions and the
bodies responsible for closing the paths need to keep the need for
closure under consideration. There are also powers of entry where
there are reasonable grounds to suspect that the Regulations are
being contravened and it is considered necessary to check if they
are being contravened.
As in England,
Fixed Penalty Notices (FPNs) are £60 for the first offence (which
is reduced to £30 if paid within 14 days) and £120 for a second
offence. However, a limit is not specified in the Regulations as it
is in England. The FPNs can be issued by police officers, PCSOs,
and persons designated by local authorities, National Park
authorities, Natural Resources Wales or Welsh Ministers.
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